Common use of Indemnity/Liability Clause in Contracts

Indemnity/Liability. You shall defend, indemnify, and hold harmless RIM, the RIM Group of Companies, RIM's affiliates, suppliers, successors, agents, authorised distributors and assigns and each of their directors, officers, employees and independent contractors (each a "RIM Indemnified Party") from any claims, damages, losses, costs or expenses (including, without limitation, reasonable lawyers' fees and costs) incurred by a RIM Indemnified Party arising from: (a) infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a Handheld Product), system or service in connection with Your BlackBerry Solution or any portion thereof; (b) damages arising from Your breach of any of the following Sections of Agreement: "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c), "Intellectual Property" (Section 7), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9), "Confidentiality and No Reverse Engineering" (Section 11); (c) any injury, death or property damage arising from Your or Your Authorised Users' negligence or misconduct in connection with Your or Your Authorised Users' use of Your BlackBerry Solution or any portion thereof; or (d) claims made by third parties against RIM arising from or related to Your or Your Authorised Users' use of the Software or Your BlackBerry Solution or any portion thereof (other than such claims that arise solely from the use of the RIM Product, Software and/or the Service contemplated by and strictly in accordance with the terms of this Agreement and the Documentation which specifically pertains to such version of the Software and/or RIM Products). No remedy herein conferred upon RIM is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

Appears in 10 contracts

Samples: Blackberry Solution License Agreement, Blackberry Solution License Agreement, Blackberry Solution License Agreement

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Indemnity/Liability. You shall defend, indemnify, and hold harmless RIM, the RIM Group of Companies, RIM's affiliates, suppliers, successors, agents, authorised distributors and assigns and each of their directors, officers, employees and independent contractors (each a "RIM Indemnified Party") from any claims, damages, losses, costs or expenses (including, without limitation, reasonable lawyers' fees and costs) incurred by a RIM Indemnified Party arising from: (a) infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a Handheld Product), system or service in connection with Your BlackBerry Solution or any portion thereof; (b) damages arising from Your breach of any of the following Sections of Agreement: "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c), "Intellectual Property" (Section 7), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9), "Confidentiality and No Reverse Engineering" (Section 11); (c) any injury, death or property damage arising from Your or Your Authorised Users' negligence or misconduct in connection with Your or Your Authorised Users' use of Your BlackBerry Solution or any portion thereof; or (d) claims made by third parties against RIM arising from or related to Your or Your Authorised Users' use of the Software or Your BlackBerry Solution or any portion thereof (other than such claims that arise solely from the use of the RIM Product, Software and/or the Service contemplated by and strictly in accordance with the terms of this Agreement and the Documentation which specifically pertains to such version of the Software and/or RIM Products). No remedy herein conferred upon RIM is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

Appears in 3 contracts

Samples: Blackberry Solution License Agreement, Blackberry Solution License Agreement, Blackberry Solution License Agreement

Indemnity/Liability. You shall agree to defend, indemnify, and hold harmless RIMProvo Craft, the RIM Group of CompaniesProvo Craft’s licensors, RIM's affiliates, suppliers, successors, assigns, agents, authorised and authorized distributors and assigns and each of their directors, officers, employees and independent contractors (each a "RIM an “Indemnified Party") from any claims, damages, losses, costs or expenses (including, without limitation, reasonable lawyers' legal fees and costs) incurred by a RIM an Indemnified Party arising fromin connection with all claims, suits, judgments and causes of action: (ai) for infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a Handheld ProductCRICUT GYPSY™ System), system or service in connection with Your BlackBerry Solution CRICUT GYPSY™ System, Software, Cartridges and/or any Third Party Component or any portion thereof; (bii) for damages arising from Your the breach of any of the following Sections of this Agreement: "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c), "Intellectual Property" (Section 7), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9), "Confidentiality and No Reverse Engineering" (Section 11); (ciii) for any injury, death or property damage arising from Your or Your Authorised Users' users’ negligence or misconduct in connection with Your or Your Authorised Users' users’ use of Your BlackBerry Solution CRICUT GYPSY™ System, Software, Cartridges, and/or Third Party Components or any portion thereof; or (div) for claims made by third parties persons against RIM Provo Craft arising from or related to Your or Your Authorised Users' users’ use of the Software or Your BlackBerry Solution Third CRICUT GYPSY™ System, Software, Cartridges, Third Party Components or any portion thereof (other than such claims that arise solely from the use of the RIM ProductCRICUT GYPSY™ System, Software Software, Cartridges, and/or the Service contemplated by and Third Party Components strictly in accordance with the terms of this Agreement and the Documentation which specifically pertains to such version of the Software CRICUT GYPSY™ System, Software, Cartridges, and/or RIM ProductsThird Party Components). No remedy herein conferred upon RIM Provo Craft is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

Appears in 1 contract

Samples: End User License Agreement

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Indemnity/Liability. You shall agree to defend, indemnify, and hold harmless RIMProvo Craft, the RIM Group of CompaniesProvo Craft’s licensors, RIM's affiliates, suppliers, successors, assigns, agents, authorised and authorized distributors and assigns and each of their directors, officers, employees and independent contractors (each a "RIM an “Indemnified Party") from any claims, damages, losses, costs or expenses (including, without limitation, reasonable lawyers' legal fees and costs) incurred by a RIM an Indemnified Party arising fromin connection with all claims, suits, judgments and causes of action: (ai) for infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a Handheld ProductCRICUT IMAGINE™ System), system or service in connection with Your BlackBerry Solution CRICUT IMAGINE™ System, Software, Cartridges and/or any Third Party Component or any portion thereof; (bii) for damages arising from Your the breach of any of the following Sections of this Agreement: "Desktop Cryptography Support" (Section 6), "Use of Your BlackBerry Solution" (Section 3), "Software and Documentation License" (Section 2), "Required Third Party Items" (Section 4(a)), "Airtime Services" (Section 4(b)), "Required Third Party Services" (Section 4(c), "Intellectual Property" (Section 7), "Export, Import and Use Restrictions and U.S. Government Licenses" (Section 9), "Confidentiality and No Reverse Engineering" (Section 11); (ciii) for any injury, death or property damage arising from Your or Your Authorised Users' users’ negligence or misconduct in connection with Your or Your Authorised Users' users’ use of Your BlackBerry Solution CRICUT IMAGINE™ System, Software, Cartridges, and/or Third Party Components or any portion thereof; or (div) for claims made by third parties persons against RIM Provo Craft arising from or related to Your or Your Authorised Users' users’ use of the Software or Your BlackBerry Solution Third CRICUT IMAGINE™ System, Software, Cartridges, Third Party Components or any portion thereof (other than such claims that arise solely from the use of the RIM ProductCRICUT IMAGINE™ System, Software Software, Cartridges, and/or the Service contemplated by and Third Party Components strictly in accordance with the terms of this Agreement and the Documentation which specifically pertains to such version of the Software CRICUT IMAGINE™ System, Software, Cartridges, and/or RIM ProductsThird Party Components). No remedy herein conferred upon RIM Provo Craft is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

Appears in 1 contract

Samples: End User License Agreement

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